Uniform Law for International Sales Under the Nineteen Eighty United Nations Convention

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Kluwer Law International, Mar 29, 1999 - Law - 608 pages
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Uniform law For The international sale of goods is now in force in each continent and used by over fifty of the world's major trading nations. The United Nations Convention on Contracts For The International Sale of Goods (CISG) is widely recognized as a landmark effort to harmonize laws governing international transactions. More than a decade after its initial implementation and widespread use in thousands of contracts, tribunals in jurisdictions around the world are reviewing articles of the Convention and citing them in both judicial and arbitral cases. Professor John Honnold, renowned scholar of commercial law, former Chief of the UN International Law Branch and Secretary of the UN Commission on International Trade Law, led the work of drafting and adopting the 1980 Convention on the International Sale of Goods. With the publication of the third edition of Uniform Law for International Sales, Professor Honnold is once again providing tribunals, practitioners, and scholars with invaluable insights into the meaning of each Article of the Convention. As in previous editions, The author offers concrete examples to illustrate practical applications of the Convention, but now he also cites the hundreds of decisions that apply To The Convention. Many of these decisions will influence the promotion of uniformity among countries that have adopted the Convention, encourage the settlement of disputes, and create a consensus for change when application of the Convention seems questionable. The UN Convention on Contracts of the International Sales of Goods has changed the way international sales contracts are drafted and any resulting disputes settled.
 

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Contents

A Brief
3
Salient Features of the 1980 Convention
13
SPHERE OF APPLICATION
27
Part n FORMATION OF THE CONTRACT
45
EXCLUSIONS FROM THE CONVENTION
46
GOODS TO BE MANUFACTURED SERVICES
56
DEATH OR PERSONAL INJURY PRODUCT LIABILITY
71
THE CONTRACT AND THE CONVENTION
77
THIRDPARTY CLAIMS BASED ON A PATENT OR OTHER INTELLECTUAL PROPERTY 267
292
NOTICE OF THIRDPARTY CLAIM 271
298
See discussion combined with Arts 39 and 40 at 261
299
A ROUNDUP OF REMEDIES AVAILABLE TO BUYER 275
301
BUYERS RIGHT TO COMPEL PERFORMANCE 279
304
BUYERS NOTICE FIXING ADDITIONAL FINAL PERIOD FOR PERFORMANCE 287
313
CURE AFTER DATE FOR DELIVERY REQUESTS FOR CLARIFICATION 292
318
BUYERS RIGHT TO AVOID THE CONTRACT 301
325

GENERAL PROVISIONS
88
INTERPRETATION OF STATEMENTS OR CONDUCT
115
USAGES AND PRACTICES APPLICABLE TO CONTRACT
124
DEFINITION OF PLACE OF BUSINESS
132
TELEGRAM AND TELEX AS A WRITING
141
CRITERIA FOR AN OFFER
147
7 REJECTION OF OFFER FOLLOWED BY ACCEPTANCE
152
PRIOR
158
TIME AND MANNER 157
172
ACCEPTANCE WITH MODIFICATIONS 165
182
OFFERORS TIMELIMITS FOR ACCEPTANCE 171
193
WITHDRAWAL OF ACCEPTANCE 177
199
SALE OF GOODS Arts 2588 180
203
NOTICE OF AVOIDANCE 187
213
MODIFICATION OF CONTRACT REQUIREMENT
229
SUMMARY OF SELLERS OBLIGATIONS 206
237
SHIPPING ARRANGEMENTS 212
245
TIME FOR DELIVERY 216
248
DOCUMENTS RELATING TO THE GOODS 217
249
SECTION
251
CONFORMITY OF THE GOODS 222
252
EFFECT ON CONFORMITY 241
264
CURE UP TO THE DATE FOR DELIVERY 244
267
TIME FOR EXAMINING THE GOODS 249
271
NOTICE OF LACK OF CONFORMITY 254
275
General Provisions Arts 2529 181
276
THIRDPARTY CLAIMS TO GOODS 262
287
REDUCTION OF THE PRICE 309
335
ARTICLES NONCONFORMITY OF PART OF THE GOODS 314
343
EARLY DELIVERY EXCESS QUANTITY 318
347
Obligations of the Buyer Arts 5365 321
349
ENABLING STEPS 323
351
Passing of Risk Arts 6670
358
PAYMENT DUE WITHOUT REQUEST
370
SELLERS NOTICE FIXING ADDITIONAL FINAL
384
SELLER 5 NOTICE SUPPLYING MISSING
391
RISK WHEN CONTRACT INVOLVES CARRIAGE 363
409
GENERAL RESIDUAL RULES ON RISK 373
413
Provisions Common to Obligations
425
AVOIDANCE BEFORE DATE FOR PERFORMANCE 395
441
AND 76 MEASUREMENT OF DAMAGES
449
MITIGATION OF DAMAGES 416
456
FINAL PROVISIONS Arts 89101
458
INTEREST
465
EXEMPTIONS
472
BUYER S INABILITY TO RETURN GOODS
509
RESTITUTION OF BENEFITS RECEIVED 450
515
SELLERS DUTY TO PRESERVE GOODS 454
520
DEPOSIT IN WAREHOUSE 456
526
United Nations Convention on Contracts for
543
The Conventions Entry Into Force Declarations
577
INDEX
583
Copyright

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About the author (1999)

John O. Honnold is Schnader Professor of Commercial Law Emeritus at the University of Pennsylvania Law School. A renowned scholar of commercial law, he is former Chief of the United Nations International Trade Law Branch and Secretary of the United Nations Commission on International Trade Law "UNCITRAL"). Under his leadership UNCITRAL began the project that culminated in the United Nations Convention on Contracts for the International Sale of Goods ("CISG"), the most broadly-accepted and successful attempt to create uniform international substantive commercial law, and he represented the United States at the 1980 Vienna diplomatic conference at which the text of the CISG was approved. His treatise "Uniform Law for International Sales under the 1980 United Nations Convention" has been identified as "the most frequently cited text on the CISG." Professor Honnold is a graduate of the University of Illinois and received his law degree from Harvard Law School.

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